Kentucky Small Estate Affidavit | Form AOC-830

The Kentucky Small Estate Affidavit (Form AOC-830) “Petition to Dispense with Administration” is a two-page document that provides families of a deceased family member a convenient means of collecting their loved one’s estate (belongings, motor vehicle(s), etc.) without going through probate court. The document is provided by the Commonwealth of Kentucky Court of Justice. The surviving spouse, child/ren, or creditor of a person who died intestate (without a will) may use this form to obtain the surplus of the small personal estate they left behind “after payment of funeral expenses, charges of administration, and debts,” so long the total estate value doesn’t exceed $15,000.

Laws: § 391.030 & § 395.455



Requirements

Maximum Estate Value: $15,000

Kentucky state law provides that the small estate “shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend.” In other words, every qualifying individual must complete the affidavit on their own in order to receive a portion of the estate.

A surviving spouse is granted special rights of access to the deceased individual’s funds, of which are outlined in § 391.030(2)(3). In cases where there is indeed a surviving spouse, they and any other parties contesting the state should take note of the provisions found in § 395.455 before proceeding.